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Alteration in redevelopment agreement

(Querist) 23 December 2018 This query is : Resolved 
SIR,
OUR SOCIETY HAS ENTERED INTO REDEVELOPMENT AGREEMENT IN APRIL2015.
THIS ONE IS A REGISTERED DEVELOPMENT AGREEMENT.
WORK HAS NOT BEEN STARTED BY DEVELOPER ON ONE OR OTHER REASON.
NOW HE HAS OFFERED TO START WORK IF FOLLOWING CONDITIONS ARE REMOVED FROM DEVELOPMENT AGREEMENT.
- HE WILL NOT PROVIDE BANK GUARANTEE OF RS 15.30 CRORES AS MENTIONED IN DA BUT HE WILL OFFER A LIEN ON 1ST FLR OF THE NEWLY CONSTRUCTED BLDG.

- HE CAN CHANGE PLAN AS PER HIS CONVENIENCE AND NO PERMISSION FROM SOCIETY NECESSARY.
EARLIER AGREEMENT PROVIDES SOCIETY CONSENT.
SOCIETY HAS AGREED BY EXECUTING SUPPLEMENTARY DEVELOPMENT AGREEMENT BY PASSING RESOLUTION IN A SGBM.
IS THE STAND OF SOCIETY JUSTIFIED AS MEMBERS SAFETY IS OVERLOOKED.
HOW CAN AN INDIVIDUAL MEMBER PROTECT HIS SAFETY.
REGARDS
JAYESH CHOKSI
DR.VEDULA GOPINATH (Expert) 24 December 2018
Please send me a copy of Development Agreement to advise you furtehr.
dr vedula gopinath sr lawyer/arbitrator vgnath@gmail.com
Kumar Doab (Expert) 24 December 2018
You can benefit from advice of Dr. Vedula Gopinath.
Dr J C Vashista (Expert) 25 December 2018
The builder has already taken more than 3 years time, wherein time is essence of an agreement. It implies that the redevelopment agreement executed between the parties has not been performed, sue the builder for specific performance of the contract.
How can builder be allowed to change the plan at his own sweat will, unilaterally and arbitrarily ?
A consumer complaint is also maintainable for deficiency of service.
Show the agreement to a local prudent lawyer for better appreciation, guidance and proceeding.
JAYESH CHOKSI (Querist) 25 December 2018
@ Dr J C Vashista,
Thanks a lot for your reply in the matter.
However the question is that the office bearers of society are not interested in taking any action against them even though the development agreement clearly states that time is the essence of the contract and agreement provides for termination of contract..
The society has been served notice from municipality for structural repairing since last 2 years but are not repairing and waiting for further dilapidated condition so that they both can further pressurize to alter terms and conditions.
Since the agreement executed six times he promised that he will sanction the plan/ execute personnel agreement
and register it but all is only promises.not implemented and society is silent. In my flat the entire ceiling may collapse at any time ,in sliding window we have put support at two places/ windows are not opened or closed.
The society is pressurizing me that we are doing everything after taking consent from majority members.
Lawyers also state we have to go with majority decision.
How can an individual member protect his individual interest as i fear that later on rent may not paid / project may not be completed in time as this is a very big project on 4570 sq mts.
I am a retired senior citizen living with my wife and no income except pension and no sons who can follow up with lawyers.
Can I refer this problem to consumer court .
I shall highly appreciate your guidance in the matter.
Regards
Jayesh Choksi
8080546187




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